The court enhanced motor accident compensation by applying minimum wage standards for income, adding 25% for future prospects, reducing personal expense deductions to 1/4th for five dependents, and updating conventional head awards based on Supreme Court guidelines.

Judgment

1. The present appeal has been filed by the appellants- claimants (for short ‘claimants’) under section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 15.05.2012 passed by the learned Motor Accident Claims Tribunal, Tonk (for short ‘Tribunal’) in Claim Case No.157/2011 whereby the claim petition filed by the claimants was partly allowed.

2. The brief facts of the case are that on 18.12.2010, Shivji Lal @ Shyoji was climbing onto a standing truck bearing registration No.RJ-01-2528 (for short ‘Truck-2528’) using the attached stairs when, at that moment, another truck bearing registration No.RJ- 19-GA-2000, being driven by Respondent No.1 in a rash and negligent manner, hit both the Truck-2528 and the deceased. As a result of which, Shivji Lal @ Shyoji fell down from the Truck-2528 and sustained fatal injuries, resulting in his death on the spot.

3. Thereafter, the claimants preferred a claim petition before the learned Tribunal and claimed compensation on account of death of deceased, which was partly allowed and a sum of Rs.4,16,044/- was awarded in favour of the claimants, along with interest @7% per annum from the date of filing of the claim petition till payment.

4. Being dissatisfied with the impugned judgment and award, this appeal has been preferred by the claimants seeking enhancement of the compensation so awarded.

5. Learned counsel for the claimants has made the following submissions:-

i. At the time of accident, the deceased was working as a driver and he was earning Rs.10,000/- per month, however the learned Tribunal has determined monthly income of the deceased at Rs.3500/- only.

ii. While calculating the loss of dependency, the learned Tribunal has erred by not making any addition in the income of deceased towards future prospects.

iii. The learned Tribunal has deducted 1/3rd of the income of deceased towards his personal expenses, however, since the number of dependants on deceased at the time of accident were five, therefore, deduction of 1/4th should have been made.

iv. Lastly, the compensation under the three conventional heads i.e. loss of consortium, loss of estate and funeral expenses should also be reassessed.

6. On the other hand, learned counsel for respondents has opposed the submissions made by learned counsel for the claimants and has submitted that the award passed by the learned Tribunal is just and proper, and requires no interference by this Court.

7. Heard learned counsel for the parties and perused the material available on record.

8. Upon perusal of the record, it is apparent that the claimants failed to produce any evidence regarding the monthly income of the deceased. Since, at the time of accident, the deceased was working as a driver, therefore, his monthly income would be calculated on the basis of minimum wages notified for a skilled worker by the State Government for the relevant period of time.

8.1 Undisputedly, at the time of accident, the minimum wages notified for a skilled worker were Rs.115/- per day, based on that the monthly income of deceased would be Rs.3450/-. Hence, this Court finds that the learned Tribunal was justified in assessing the monthly income of deceased at Rs.3500/-.

8.2 Accordingly, the compensation towards loss dependency would be calculated on the basis of said monthly income.

9. Further, in light of the guidelines laid down by the Hon'ble Supreme Court in the cases of National Insurance Company Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680 and Magma General In